Eating and Drinking in a Cemetery

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Eating and drinking in a cemetery:[1]

It is forbidden to eat or drink inside of a cemetery.[2] [This applies throughout the entire cemetery, even if one is a distance of four Amos from the graves, as explained in the Q&A. This applies even if one already said a blessing elsewhere and will not have to recite a new blessing in the cemetery. All the more so is it forbidden to say a blessing over food in a cemetery.]

 

Q&A

May one enter food into a cemetery?[3]

There is no prohibition against entering food or drink into a cemetery, and the food does not contract impurity or an evil spirit through doing so. It goes without saying that there is no issue with eating foods and drinks that entered a cemetery.

May one eat or drink in the cemetery if one is a distance of four Amos from any of the graves?[4]

No.

May one eat or drink near Kivrei Tzaddikim?

If the grave is inside a cemetery, then it is forbidden to do so due to the other graves that are around. If, however, the Tzaddik’s burial place is in its own grounds, and not within a cemetery, then seemingly it is permitted to eat and drink near the Kever[5], or inside the Tziyon, and so is the widespread custom.[6]

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[1] Rama Y.D. 368:1; Semag

[2] The reason: Some Poskim rule it is forbidden to eat and drink in a cemetery due to it being belittling of the dead. [Biur Hagr”a ibid; implication of Rama and Michaber ibid; Implication of Megillah 29; Aruch Hashulchan 368:1] Other Poskim rule it is forbidden being that cemeteries are forbidden in benefit, and hence one may not use it to benefit from food. [Gilyon Maharsha ibid; Rambam 14:13]

[3] Poskim in Nitei Gavriel Aveilus 92:4 footnote 5; See Eiruvin 31a “One may make an Eiruv for a Kohen with Tahor Terumah in a cemetery” thus proving there is no issue of impurity entering the food.

[4] Admur 45:1 regarding Tefillin and the same would apply in this regard; Implication of wording of Michaber ibid that the prohibition applies to the entire cemetery; Chasam Sofer 335, brought in Pischeiy Teshuvah 368:1 regarding areas that have been designated as a cemetery, and certainly this would apply to all areas of the cemetery that are designated for burial.

[5] As Tzadikim are considered alive even when dead, as we find a similar allowance to Daven and wear Tefillin near the Kever of a Tzaddik

[6] So is the widespread custom in Eretz Hakodesh near all the Kivrei Tzadikim that have their own Tziyon.

About The Author

Rabbi Yaakov Goldstein is a 6th generation descendent of the famous Chief Rabbi of Izhmir, Rav Yehoshua Avraham Krispin, who authored a number of Sefarim, and was a colleague of Rav Chaim Falagi, and father in-law of the Pesach Hadvir. He currently lives with his wife Shayna, and twelve children K”H, in Tzfas, Israel. Rabbi Goldstein received Semicha from Rabbi Schneur Zalman Labkowski of the Tomchei Temimim headquarters in 2005 and served as a chaplain in the Lotar/Kalatz and K9 unit of the IDF from years 2005-2008. He is also a certified Shochet, and has performed Hashgacha work in slaughterhouses. Rabbi Goldstein is the director of Shulchanaruchharav.com, the world’s leading web-based Halacha database, and is the director of the Home Study Semicha Program, a self-study web-based Semicha program. He is a prolific author of over 50 Sefarim studied by a wide range of readers throughout the world, which is used regularly in Semicha programs around the globe. He is a world renowned Posek, answering questions to a web-based market, and serves as a local Posek, Rav, and Lecturer, in the Tzemach Tzedek community Shul in Tzefas, Israel. His many classes can be heard both from his website, Vimeo and YouTube channel. Students can join live to classes given in the Tzemach Tzedek Shul, through the “בית חבד צפת Chabad Tsfat” YouTube channel.

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